Commonwealth Consolidated Regulations

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Proceeding against a person who carries on a business under a business name

                   A proceeding must be started against a person in the person's name or under Division 9.4 if:

                     (a)  the proceeding is started against the person in relation to anything done, omitted to be done or otherwise related to a business carried on in Australia by that person under a business name; and

                     (b)  the business name is registered in a register in a State or Territory in which the business is carried on and discloses the name and residential address of the person.

Note 1:       Business name and description are defined in the Dictionary.

Note 2:       In a proceeding against a person in the person's business name the person must file a notice of address for service in the person's name--see rule 11.03.

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